Section 271AAC of the Income Tax Act

Income-tax Act, 2025: s.443

Section 271AAC of the Income-tax Act, 1961 corresponds to section 443 (Penalty in respect of certain income) of the Income-tax Act, 2025.

Read section 443 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 271AAC is ACIT v. Prakash I. Shah (115 ITD 167), cited in 51 of the 982 judgments on BharatTax that turn on this section.

Leading authorities on Section 271AAC

ACIT v. Prakash I. Shah
115 ITD 167 · 2008 · ITAT
51
citing judgments

The department cannot improve upon the Assessing Officer's case by changing the basis of additions without issuing a show cause notice to the assessee.

65 23 DTR 171 (Del); DCIT v. Premsons 'B' Bench Mumbai BCA April
130 TTJ 159 · 2010 · ITAT
29
citing judgments

Additions to income cannot be made based solely on statements or confessions recorded at the time of a search, without corroborating evidence. Such confessions lack evidentiary value if not supported by other proof.

263—CIT v. Subhash Kumar Jain
335 ITR 364 · 2011 · High Court
28
citing judgments

The Commissioner (CIT) cannot direct the Assessing Officer (AO) to initiate penalty proceedings under Section 271(1)(c) using revisional powers under Section 263 if the AO did not initiate them in the original assessment order. The CIT's revisional power under Section 263 cannot be used to create a non-existent proceeding.

(1) P. Goyal v. DCIT
65 TTJ 327 · 1999 · ITAT
27
citing judgments

Additions to income cannot be made solely on the basis of uncorroborated notes found on loose sheets or papers, especially if they are undated and lack any identifying names.

Smt. Charu Aggarwal v. DCIT
140 Taxmann.com 588 · 2022 · ITAT
24
citing judgments

Cash deposits made post-demonetization out of cash sales, when supported by stock availability and previous year's sales patterns, cannot be treated as undisclosed income under Section 68.

Krish Kumar v. ITO
107 Taxmann.com 464 · 2019 · Supreme Court
21
citing judgments

An addition under section 69A is justified when cash deposits in a bank account significantly exceed reported sales and the assessee fails to provide a satisfactory explanation for the source of these deposits.

CIT v. Kewal Krishna and Partners
18 DTR 121 · 2009 · High Court
15
citing judgments

A statement recorded under section 132(4) does not by itself constitute incriminating material, and requires corroboration.

CIT v. Tara Chand Mahipal
65 Taxmann.com 29 · 2016 · High Court
15
citing judgments

A taxpayer's mere statement, without corroborating material or evidence, cannot be the sole basis for computing income or making additions. The statement must relate to some other evidence for computation.

Areva T and D India Ltd. v. JCIT
287 ITR 555 · 2006 · High Court
14
citing judgments

Delay in filing an appeal can be condoned, even if the delay is significant (e.g., 231 days), when caused by wrong advice from the assessee's counsel, demonstrating a pragmatic approach to condonation under the Limitation Act.

CIT v. Metal & Metals of India
208 CTR 457 · 2007 · High Court
12
citing judgments

Where partners introduce capital into a firm, any addition for unexplained investment can only be made in the individual hands of the partners, not the firm.

Judgments on Section 271AAC

Moolchand Bhabutmalji Soni, Surat vs. ITO, Ward 1, Bardoli

In the result, appeal of the assessee is allowed

ITA 605/SRT/2026[2023-24]Status: DisposedITAT Surat09 Sept 2026AY 2023-24

Bench: Ms. Suchitra Kamble & Shri B.M. Biyanimoolchand Bhabutmalji Soni Income Tax Officer, Ambica Jewellers Ward-1, Bardoli, K.L. Shopping Center, 2Nd Floor, Admin Building, Vs. Vohrawad, Telephone Exchange, Bardoli, Bardoli Surat Pan: Acips5044C (Appellant) : (Respondent) Assessee By : Shri Pm Jagasheth, Ca Respondent By : Shri Ashish Kumar, Sr. Dr Date Of Hearing : 22.06.2026 Date Of Pronouncement : 09.09.2026 O R D E R Per : Suchitra Kamble, J M: The Appeal Filed By The Assessee Is Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [In Short “Cit(A)”] Dated 26.02.2026 For The Assessment Year (In Short “Ay”) 2023-24. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. On The Facts & In The Circumstances Of The Case As Well As The Law On The Subject, The Learned Commissioner Of The Income Tax (Appeals) Has Erred In Confirming The Action Of The Assessing Officer In Making Addition Of Unaccounted Purchases Of Rs 2,60,176/- Of Ms Tirth Gold, On Basis Of Aug Software Entries Of Ms Tirth Gold, Found During The Course Of Search Without Any Concrete Evidence, Treating The Same As Unexplained Expenditure Us Sec 69C Of The Income Tax Act, 1961. 2. On The Facts & Circumstances Of The Case As Well As The Law On The Subject, The Learned Assessing Officer Has Erred Invoking The Provision Of Section 115Bbe Of The Income Tax Act, 1961. Moolchand Bhabutmalji Soni

For Appellant: Shri PM Jagasheth, CAFor Respondent: Shri Ashish Kumar, Sr. DR
Section 115BSection 274Section 69C

Kiran Jitendrakumar Siddhpura, Rajkot vs. ITO Ward 2(1)(2) Rajkot, Rajkot

In the result, the appeal of the assessee is allowed

ITA 823/RJT/2026[2019-20]Status: DisposedITAT Rajkot08 Sept 2026AY 2019-20

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं/.Ita No. 823/Rjt/2026 "नधा"रणवष"/ Assessment Year: 2019-20 Kiran Jitendrakumar Siddhpura, Ito Ward 2(1)(2), Rajkot, Sorathiawadi, 7-Master Society. Vs. It-Office, New Aayakar, Rajkot, Gujarat 360002 Bhawan, Vatiaka, Rajkot, Gujarat 360001 Pan No. Ahdps7341G (अपीलाथ"/Assessee) : (""यथ"/Respondent) "नधा"रतीक"ओरसे/Assessee By : Shri Kalpesh Doshi, Ld. Ar राज"वक"ओरसे/Revenue By : Shri Anadi Dixit, Ld. Sr. Dr सुनवाईक"तार"ख/Date Of Hearing : 18/06/2026 घोषणाक"तार"ख/Date Of Pronouncement : 08/09/2026 Order Per, Dr. Arjun Lal Saini, Am: The Present Appeal Has Been Filed By The Assessee, Against The Order Passed By The Learned Commissioner Of Income Tax (Appeal), National Faceless Appeal, Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)”] Dated 18.02.2026 Arising In The Matter Of Assessment Order Passed U/S.147 Of The Income Tax Act, 1961 Dated 27.03.2024 Relevant To The Assessment Year 2019-20. 2. The Appeal Filed By The Assessee Is Barred By Limitation By 22 Days Before The Tribunal. When The Matter Was Called For Hearing, The Ld. Counsel For The Assessee At The Outset Submitted That The Order Had Been Served Through Email To Previous Tax Consultant Of The Assessee, Who Has Failed To Inform The Assessee About The Proceedings Going On Before The Ld.Cit(A), Therefore, Because Of The Mistake Of The Tax Consultant, The Delay In Filing The Appeal Of 22 Days Has Resulted.

For Appellant: Shri Kalpesh Doshi, Ld. ARFor Respondent: Shri Anadi Dixit, Ld. Sr. DR
Section 115BSection 139Section 142(1)Section 143(2)Section 144B(8)Section 147Section 148Section 148BSection 151Section 234A